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Employment Law

New FLSA regs mean it’s time to review wage-and-hour practices

07/13/2011

New regulations implementing the FLSA are now in effect, and they mark a significant change in federal wage-and-hour rules—and how the DOL enforces them. The new regulations were created to make FLSA regulations consistent with changes driven by other applicable federal laws. Be mindful of these new regulations and the additional burdens they impose.

Roofing firm agrees to settle over racist remarks

07/13/2011
Detroit Lakes-based Herzog Roofing has agreed to pay $71,500 to settle a racial harassment charge filed by former employees. The money will be split among seven blacks, Hispanics and Native Americans who alleged they were subjected to racial epithets, racist jokes and other forms of workplace bias.

Firing those with obsolete skills isn’t age bias

07/13/2011
In today’s tough economy, it’s sometimes necessary to terminate em­­ployees. That may be especially true when new technology makes it easier to perform some tasks, reducing the need for employees.

If employee can’t return from FMLA leave, it’s not interference to terminate

07/13/2011

Employees who take FMLA leave to deal with their own serious health condition are entitled to reinstatement to their jobs or substantially identical ones when they return. But what if the employee isn’t ready to come back after 12 weeks? In that case, employers don’t have to reinstate the employee—at least not under the FMLA.

Promote harmony, prevent hostile environment by adding civility policy to your handbook

07/13/2011
Few reasonable employees like working in an unpleasant environment where co-workers call each other names and generally treat each other with disrespect. They may, however, ignore such conduct to avoid rocking the boat. But supervisors who don’t put a stop to it risk a hostile environment lawsuit. That’s why you should consider adopting a civility policy that demands employees treat each other with respect and bans insults and other boorish behavior.

Mediation Board to review Delta union votes

07/13/2011

When nonunion Delta Airlines merged with unionized Northwest in 2010, it set the stage for unionization votes among all Delta workers. So far, the International Association of Machinists (IAM) is 0 for 3, having failed repeatedly to organize Delta baggage handlers, customer service representatives and stock clerks. The IAM appealed to the Na­tional Mediation Board, which has agreed to investigate the elections.

Honestly believe worker broke rule? Firing OK

07/13/2011
Here’s something to remember when you’re worried about firing someone because you might get sued: Judges don’t want to run HR departments. As long as HR acts honestly and believes the employee should be fired because she broke a company rule, chances are a lawsuit won’t ­succeed.

Milton car dealership settles wage-and-hour dispute

07/13/2011
Milton-based McKenzie Buick GMC has settled a dispute over minimum wage, overtime pay and tracking of employees’ hours worked. An investigation by the U.S. Department of Labor’s Wage and Hour Division revealed the dealership wasn’t maintaining accurate records of the hours many of its salespeople worked.

Tampa travel agencies sued for sexually hostile workplace

07/13/2011
Four Amigos Travel and Top Dog Travel are facing a class-action lawsuit after the EEOC stepped in on behalf of telemarketers who accused the Tampa-based companies of condoning sexual harassment.

NLRB okays inflatable rat in protests at Brandon hospital

07/13/2011
The National Labor Relations Board has ruled the use of a 16-foot tall inflatable rat outside a hospital in Brandon does not violate the National Labor Relations Act, even though the hospital is not directly in conflict with the union. Unions have long used rats as symbols for businesses that oppose organized labor.